Executive Order 12333 was originally issued by President Ronald Reagan in 1981. It was most recently revised and re-issued by President George W. Bush in 2008. The ODNI's Civil Liberties and Privacy Office (CLPO) originally prepared this information paper in August 2008 and made it available to interested members of the public, to describe the civil liberties and privacy protections incorporated in the 2008 revision of Executive Order12333. In August, 2013, CLPO reformatted the content of that original paper for posting on www.dni.gov.

Executive Order 13636, Improving Critical Infrastructure Cybersecurity, requires that senior agency officials for privacy and civil liberties assess the privacy and civil liberties impacts of the activities their respective departments and agencies have undertaken to implement the Executive Order, and to publish their assessments annually in a report compiled by the DHS Privacy Office and Office for Civil Rights and Civil Liberties. This is the first of the required annual reports. It includes the DHS Privacy Office’s and Office for Civil Rights and Civil Liberties’ assessments of certain DHS activities under Section 4 of the Executive Order (enhanced threat information sharing with the private sector) as well as assessments conducted independently by the Department of the Treasury and the Departments of Defense, Justice, Commerce, Health and Human Services, Transportation, and Energy, and by the Office of the Director of National Intelligence and the General Services Administration. April 2014. 152 pages. Section on the ODNI can be found in pages 132-145.

Provides the Civil Liberties and Privacy Office’s (CLPO) strategic roadmap for enhancing the IC’s framework for protecting civil liberties and privacy, highlighting four high-level goals relating to civil liberties and privacy to obtain the trust of the American people. The goals focus on protecting civil liberties and privacy through policy implementation, ensuring compliance with the Constitution and laws, handling complaints of possible abuses of civil liberties, and providing transparency.

This Directive established Intelligence Community (IC) policy for the protection of civil liberties and privacy relating to activities conducted by IC elements and discusses the responsibilities of the Civil Liberties Protection Officer in supporting this Directive.

The IC draws much of its authority and guidance from the body of law contained in this collection. The Intelligence Community Legal reference bookis intended to be a useful resource to professionals across the federal government.

This guidance, issued by the Office of the Director of National Intelligence, Civil Liberties and Privacy Office, is intended for personnel working in the United States Intelligence Community (IC) who obtain and/or use information that is available to the general public.

An information paper describing the civil liberties and privacy protections in the NCTC Guidelines for Access, Rention, Use, and Dissemination by the NCTC and Other Agencies of Information in Datasets Containing Non-Terrorism Information. This paper furthers one of the main goals under CLPO’s Civil Liberties & Privacy Enterprise Strategy – to provide transparency to mission partners, oversight bodies, Congress, and the American public.

NCTC’s first annual report to the ODNI General Counsel and Civil Liberties Protection Officer, as well as the IC Inspector General, on NCTC’s access, retention, use and dissemination of non-terrorism datasets, as required under NCTC’s revised 2012 Attorney General Guidelines.

Civil Liberties and Privacy Office

About the Civil Liberties and Privacy Office

Provides the Civil Liberties and Privacy Office’s (CLPO) strategic roadmap for enhancing the IC’s framework for protecting civil liberties and privacy, highlighting four high-level goals relating to civil liberties and privacy to obtain the trust of the American people. The goals focus on protecting civil liberties and privacy through policy implementation, ensuring compliance with the Constitution and laws, handling complaints of possible abuses of civil liberties, and providing transparency.

This Directive established Intelligence Community (IC) policy for the protection of civil liberties and privacy relating to activities conducted by IC elements and discusses the responsibilities of the Civil Liberties Protection Officer in supporting this Directive.

Alexander W. Joel is the Civil Liberties Protection Officer for the Office of the Director of National Intelligence. In that capacity, he leads the ODNI's Civil Liberties and Privacy Office, and reports directly to the Director of National Intelligence.

An article by Alex Joel in the Texas Law Review, discussing the conundrum faced by intelligence officers and policy makers standing at the intersection of security and privacy: how to make prudent technology choices? Moving in one direction seems imperative for accomplishing important national security missions, yet raises red flags about potential impacts on privacy and civil liberties. Moving in another direction seems necessary to protect civil liberties, yet raises alarms about potentially dangerous security gaps.Through it all, intelligence agencies must remember that the question they face is not whether to provide such protections—agencies are obligated, by law and duty, to provide them. Rather, the question is how to protect civil liberties and privacy while accomplishing the intelligence mission.

An essay by Civil Liberties Protection Officer, Alex Joel based on remarks he delivered at the University of Michigan Law School in February 2007, during which he was a member of the panel discussing “Intelligence Gathering and Human Rights.” In his essay, Mr. Joel discussed the case of Klass and Others v. Germany, before the European Court of Human Rights, decided in 1978, that examined whether Germany’s secret surveillance program was consistent with Article 8 of the European Code of Human Rights (i.e. the privacy right).

A speech given by Civil Liberties Protection Officer, Alex Joel in Detroit, Michigan.

Civil Liberties and Privacy Office - FISA Resources

Wednesday, August 14, 2013

Civil Liberties and Privacy Office

FISA Resources

The Foreign Intelligence Surveillance Act of 1978 (FISA) contains several provisions that govern how foreign intelligence information can be obtained, including provisions for obtaining information on certain persons outside the United States under Section 702 of FISA (added to FISA by the FISA Amendments Act of 2008), and provisions for obtaining business records under Section 501 of FISA (as amended by Section 215 of the PATRIOT Act). Below are select resources designed to provide greater transparency regarding FISA authorities.

Media Releases

On Friday, the Attorney General through the Department of Justice, declassified and released 24 documents that were responsive to a portion of a Freedom of Information Act request by the Electronic Privacy Information Center.

The Director of National Intelligence declassified and disclosed publicly that the U.S. government had filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that, on Jan. 3, 2014, the court renewed that authority.

During his speech on Jan. 17, 2014, President Obama ordered a transition that will end the Section 215 bulk telephony metadata program as it currently exists, and establish a mechanism that preserves the capabilities we need without the government holding this bulk data.

The Director of National Intelligence, James Clapper, and other Intelligence Community leaders met today with three members of the President’s Review Group on Intelligence and Communications Technologies.

DNI Clapper has decided to declassify and disclose publicly that the government filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that the court renewed that authority on January 3, 2014.

"Today I authorized the declassification and public release of additional documents relating to collection under Section 501, bringing the total to nearly 2000 pages of documents released to the public so far, including 20 orders and opinions of the Foreign Surveillance Court, 11 pleadings and other documents submitted to the Court, 24 documents provided to Congress, and 20 reports, training slides, and other internal documents describing the legal basis for the programs and how they operate."

Director Clapper declassified and released a number of documents pertaining to the Government’s collection of bulk telephony metadata under Section 501 of the FISA, as amended by Section 215 of the USA PATRIOT Act.These documents were provided to Congress at the time of the events in question and include orders and opinions from the Foreign Intelligence Surveillance Court (FISC), filings with that court, an Inspector General Report, and internal NSA documents. They describe certain compliance incidents that were discovered by NSA, reported to the FISC and the Congress, and resolved four years ago. They span 2006-2009.

In June, President Obama directed the Intelligence Community (IC) to declassify and make public as much information as possible about certain sensitive U.S. Government surveillance programs while being mindful of the need to protect sensitive classified intelligence and national security. Consistent with this directive and in the interest of increased transparency, the DNI has determined, with the concurrence of the IC, that going forward the IC will publicly release, on an annual basis, aggregate information concerning compulsory legal process under certain national security authorities.

Press reports based on an article published in today’s Wall Street Journal mischaracterize aspects of NSA’s data collection activities conducted under Section 702 of the Foreign Intelligence Surveillance Act. The NSA does not sift through and have unfettered access to 75% of the United States’ online communications.

In June, President Obama requested that Director of National Intelligence James R. Clapper declassify and make public as much information as possible about certain sensitive NSA programs while being mindful of the need to protect sensitive classified intelligence and national security. Consistent with this directive and in the interest of increased transparency, DNI Clapper has today authorized the declassification and public release of a number of documents pertaining to the Intelligence Community’s collection under Section 702 of the Foreign Intelligence Surveillance Act (FISA). DNI Clapper has determined that the release of these documents is in the public interest.

Many Americans probably don't know that there is a senior official whose job by law is to help ensure that civil liberties and privacy protections are built into intelligence programs. I am that official - the "Civil Liberties Protection Officer." I engage with the director of national intelligence and other intelligence officials to oversee and guide intelligence activities

At the direction of the President, I am establishing the Director of National Intelligence Review Group on Intelligence and Communications Technologies to examine our global signals-intelligence collection and surveillance capability.

In the interest of increased transparency, DNI Clapper authorized the declassification and public release of the attached documents pertaining to the collection of telephone metadata pursuant to Section 215 of the PATRIOT Act. DNI Clapper has determined that the release of these documents is in the public interest.

DNI Clapper joined Senate and House Intelligence Committee leadership in their call for an open and candid discussion about foreign surveillance authorities and careful consideration of the potential effect of limiting the Intelligence Community’s capabilities under these authorities.

ODNI statement announces that DNI Clapper has decided to declassify and disclose publicly that the Government filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that the Court renewed that authority.

Statement from ODNI Director of Public Affairs Shawn Turner regarding press reporting that identified an individual who disclosed classified material; the matter has been referred to the Department of Justice and thus inquiries should be made there.

ODNI Fact Sheet which states PRISM is a computer system used to facilitate collection of information pursuant to Section 702; discusses restrictions of Section 702; details oversight of Section 702 including by the FISA Court, Congress, and the Executive.

DNI Clapper explains Intelligence Community priorities, the long-lasting and irreversible harm to the U.S.’s ability to identify and respond to the many threats facing the nation unauthorized disclosures cause, and provides key information regarding how classified intelligence collection programs are used to prevent terrorist attacks and the numerous safeguards that protect privacy and civil liberties, which the reporting omitted.

At a Brookings Institution sponsored event, Robert Litt corrects some of the misimpressions that resulted from the disclosures of classified information about legal programs, authorized by Congress and subject to oversight by all three branches of the government. Mr. Litt discusses the laws that govern intelligence collection activities; the effect of changing technology and the corresponding need to adapt how we protect privacy on those collection activities; and how the laws play out in practice so so that the Intelligence Community's collection activities under FISA respond to these changes in a way that remains faithful to our democratic values.

ODNI General Counsel Robert S. Litt participated on an American Bar Association Law and National Security Committee sponsored panel at the Newseum in Washington, D.C. Mr. Litt emphasized how the Intelligence Community is careful to achieve the goals of both national security and protection of individual rights. Mr. Litt discussed two types of intelligence collection programs - Section 215 and Section 702 - and how both are subjected to restrictions and oversight, detailing such restrictions and oversight for each program.

DNI Clapper discusses how the leaks hurt American intelligence capabilities and how Section 215 has prevented terror plots. DNI Clapper also discussed the oversight by the Foreign Intelligence Surveillance Court (FISC) and the how the FISA programs are subjected to Congressional oversight, including the intelligence oversight committees. DNI Clapper discussed Section 702 and Section 215 programs.

Robert Litt noted that it was important to correct some of the misimpressions that exist about intelligence collection programs and highlighted three points about the Foreign Intelligence Surveillance Court (FISC): 1) the activity regulated by the FISC was historically outside of all judicial supervision; 2) the FISC is not a rubber stamp; and 3) we should strive for the maximum possible transparency about the activities of the FISC.

The letter by DNI Clapper and Attorney General Holder urging Congress to reauthorize Title VII of FISA, enacted by the FISA Amendments Act of 2008 (FAA), including explaining Section 702. The letter contained a background paper on Title VII of FISA prepared by the Department of Justice and the Office of the Director of National Intelligence (ODNI) describing the provision of Title VII of FISA that were added by the FAA, detailing how Section 702 provides valuable foreign intelligence information about terrorists while protecting the privacy and civil liberties of Americans. The background paper also discussed other important provisions of Title VII of FISA and urged those provisions to be reauthorized and that Congress has been kept fully informed and conducts vigorous oversight of Title VII’s implementation.

The third Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence for reporting period June 1, 2009 – November 30, 2009. This document, issued May 2010, is declassified and redacted.

The second Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence for reporting period December 1, 2008 – May 31, 2009. This document, issued December 2009, is declassified and redacted.

The first Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence for reporting period September 4, 2008 – November 30, 2008. This document, issued March 2009, is declassified and redacted.

Department of Justice Releases Documents on Pen Registers and Trap and Trace Applications to the FISC - Tuesday, March 4, 2014 -

On Friday, the Attorney General through the Department of Justice, declassified and released 24 documents that were responsive to a portion of a Freedom of Information Act request by the Electronic Privacy Information Center.

Joint Statement by Director of National Intelligence James Clapper and Attorney General Eric Holder on the Declassification of Additional Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act - Wednesday, February 12, 2014 -

The Director of National Intelligence declassified and disclosed publicly that the U.S. government had filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that, on Jan. 3, 2014, the court renewed that authority.

During his speech on Jan. 17, 2014, President Obama ordered a transition that will end the Section 215 bulk telephony metadata program as it currently exists, and establish a mechanism that preserves the capabilities we need without the government holding this bulk data.

The Director of National Intelligence, James Clapper, and other Intelligence Community leaders met today with three members of the President’s Review Group on Intelligence and Communications Technologies.

DNI Clapper has decided to declassify and disclose publicly that the government filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that the court renewed that authority on January 3, 2014.